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HomeMy WebLinkAbout005 - 02/12/1917 - RELATING TO THE ASSESSMENT OF THE COST OF CONSTRUCTION OF IMPROVEMENTS IN LAPORTE AVENUE IMPROVEMENT r= ORDINANCE NO 1 _7 REL4TING TO THE ASSESS14ENT OF THE COST OF CONSTRUCTION OF I1PROVE- LENTS IN LAPORTE AVENUE IMPROVEMENT DISTRICT NO 3 OF THE CITY OF FORT COLLINS, AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF BE IT ORDAITIED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That under and by virtue of the provisions of Ordinance No 13 1915 of said City of Fort Collins duly adopted and approved on the 27th day of September, 1915, Laporte Avenue Improvement District No 3 was duly created and provision made in said orainance for the construction of certain improvements in said district, consisting of concrete paving, curbing within the limits of said district, that the said improvements as therein provided have beenduly constructed under contract, as provided by law, and duly accepted bj the City of Fort Collins as therein provided, that thereafter the Commissioner of Works of said city, and on to-wit, the 4th day of December, 1916, duly reported to the City Council the total cost of the construction ofssaid improvements, including the cost of inspection, collection and other incidentals and also including interest to the first day of 1«arch, 1917 xhen by the laws of the State of Colorado the first installment of generaltaxes is aue and payable which amounts to ; 5� 0 , that in and by said report the sa.Ld Commissioner of Works, pursuant +o report of the City Engineer duly apportioned upon all the lots or trwc+e of land abutting upon the street improved in proportion as the frontage of each lot or tract of land is to all the frontage of all the lots or tracts of land so improved, the sides of corner lots abutting on streets or alleys to improved being regarded as -1- frontage to the extent of twenty-five (25) feet, pursuant to the statute and the provisions of Ordinance No 13, 1915 which assessment was made in accordance with the provisions of §5363, §5364 and §5366 of the Revised Statutes of 1908, and which said Laporte Avenue Improvement District No 3 is hereinafter more particularly described by lots and blocle together with the apportionment and rate per front foot, which said firdings and report of the Commissioner of Works are in accordance with the report theretofore made by the City Engineer in respect to the proposed assessments on eachlot in said district Section 2 That at the regular meeting of the City Council held on the 4th day of December A D 1916, said report of the Commissioner of works concerning the said proposed assessments for improvements in Daporte Avenue Improvement District ITo 3 was by resolution of the City Council duly adoptbed for the purpoed of coneidcration and determination at a meeting of the City Council to be held at four o' clock P M on the 22d day of January, 1917, pursuant to a notice of the City Clerk as provided by law, that in and by said resolution the Citv Clerk was instructed and directed to publish notice in the official newspaper of the City of Fort Collins for a period of ten days, addressed to the owners of the property to be assessed in Laporte Avenue Improvement District No 3, ststing the whole cost of the improvement and the share apportioned to each lot or tract of land in said district and notifying the owners thereof that any complaints or objections that might be made in writing by them to the City Clerk and filed it his office within thirty days fron tae publication of Baia notice would be heard and determined by tre City Council at a regular meeting of the City Council to be held on the 22d day of Januarv, 1917, at the hoi.r of four o' clock P P of said day in the council chamber in the City Hall in said city, that after laid herring the said City Council would take up the matter of the pasaage of an ordinance assessing the cost of said improvement, that pursuant to the authority contained -U- A- in said resolution the City Clerk caused to be publbehed said notice in the Fort Collins Morning Express, the official newspaper of said City of Fort Collins, for a period of ten days, as provided by law, and that due proof of said publication has been duly filed in the office of the City Clerk; that mere than thirty days have elapsed since the publication of said notice, and no complaints or objections in writing have been filed with the City Clerk, as provided by law. Section 3. That the tatal cost of the improvements in said Laporte Avenue Improvement District No. 3 under and by virtue of said Ordinance No. 13 , 1915, of said city„ including the cost of inspection, collection and interest to the first day of March, 1917, wmcunte to O�aJ :P. 5:1 , 6 '� , which said sum is hereby assessed upon the real estate in said 11aporteAvenue Improvement District No. 3 in accordance with the provisions of Z380 of the Revised Statutes of 1908, and the proportion of said costs assessed to each lot or tract of land in said Laporte Avenue Improvement District No. 3, comprising the following lots and blocks im said district, shall be as follows, to-wit: LAPORTE AVEXTJE IMROCFYENT DISTRICT NO. 3. Block 22 Lot Property Owner Frontage Coat per foot Total No I 130 $7.9468 $1033.08 C.C.C. R. Welch Withrow 25 7 94G8 198.G7 45 C 44 C. R. Welch 25 7.9468 198.67 43 C. R. Welch 12.5 7.9468 99.34 42 Colorado & Southern By. Co. 12.5 7.948 9 . 84 42 Colorado & Southern By. Co. 25 7.9468 1983.6767 41 Colorado & Southern Ry. Co. 25 7.9468 198.67 40 Colorado & Southern By. Co. 2 7.9468 198. 7 39 Colorado & Southern By. Co. 255 7.94G8 198.667 38 Colorado & Southern RY. Co Block 21 5 7.9468 198.67 Lot Property Owner Frontage Cord per foot Total. No. 23' Charles G. Buckingham 190 $7.9468 $1509.89 24 ColornAa&Southern.Rv.Cp._. 140.9____. 7.94SB— __. .1119.70 Additional assessment made by the City Cc oil ltobe paid by the City of Fo t C llins,,,, &ocouxLt, of error in ' assessment) 9�68 Lot 1, Block 18 .. ..e, . . . . S A Lot 23, Block 21 . . . . . . . . . - 19F,�7 to be paid from the Permanent Street fund, —3— e397 3 t 1 Section 4 All assessments herein provided for shall be due and payable within thirty days from the final passage and publication of this ordinance without demand, provided that all assessments may, at the election, of the owners of the prpperty assessed be paid in twenty annual installments, beginning February 28 1917, and paj able annually on said last mentioned day thereafter until the full amount thereof has been paid *vith interest on the unpaid principal, payable semi-annually at the rate of six per cent per annum Section 5 Failure to pay the whole of the assessment within said period of thirty days shall be conclusively considered and held an election or the part of all persons interested, whether under disability or otherwise, to pay in such installments Section 6 Failure to pay any installment, whether o principal or interest when due, shall cause the whole of the unpaid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall hhereafter draw interest at the rate of one per cent per month or fraction thereof, until the day cf sale as nereinafter provided, but at any time prior to the day of sale the owner may pay the amount of all unpaid installments, with interest at one per cent per mon+h or fraction of a month and all penalties accrued, and shall there- upon be restored to the right to pay the installments in the same manner as if default had not been suffered The owner of any property not in default as to any installments or payment may at any time pay the whole of the unpaid principal, with the interest accrued, to the maturity of the next installment of interest or principal Section 7 Pey ments may be made to the City Treasurer at any time within thirty days of the final passage and publication of this -4- ordinance, and an allowance of five per ednt discount shall be made on all payments made during such period only Section 8 In case of dedault in the payment of anv install- ment of principal and interest whendue, any and all property con- cerning which such default is suffered shall be advettised by the County Treasurer and sold for the pa}ment of the whole of the unpaid assessment thereon, at the same time or times and in the same manner, under all the same conditions and penalties and with tre same effects as are provided by law for sales of real estate it default of the payment of general taxes Section 9 It shall be the duty of the City Clerk to prepare the foregoing assessment roll in said Laporte Avenue Improvement District No 3 in proper form showing in suitable columns each piece of real estate assessed, the total amount of the assessment, the amount of each installment of principal and interest, ana the date when each installment will become due, with suitable columns for use in case of payment of the whole amount or of any installment or penalty and deliver the same to the City Treasurer, and there- after payments may be made to the City Treasurer at any time within thirty days of the passage of this assessing ordinance Upon the expiration of tht thirty days the City Treasurer shall return to the City Clerk the assessment roll showing all payments made thereon with the date of each payment, and thereupon the City Clerk shallprepare a permanent local assessment roll in cook form, showing in suitable columns each piece of real estate or property on which the assessment is unpaid, the whole amount of the assessment unpaid, the date to which the same was computed and the amount of eacr installment of principal and interest ana the date when the s-me will become due, with suitable columns for use in case of payment of any installment -5- or penalties Said roll shall be certified by the City Cleric unddr the seal of thd city, and by him delivered to the County Treasurer of Larimer County with his warrant for the collection of the same Section 10 All collections made by the County Treasurer on said assessment roll in anv calendar month shall be accounted for and paid over to the City Treasurer on or before "the loth day of the next succeeding calendar month with separate statements for all such collections for said month Section 11 The owner of any divided or undivided interest may pey his share of any assessment upon producing evidence of the extent of his inter st st6tisf actory to the officers having the roll in charge Introduced, read and ordered published this 3143, day of Januaryr; A D 1917 Passed and adopted this -C day of February A D 1217 Commissioner of Safety and Ex-0fficio Mayor ATTEST City Clerk STATEOF COLORADO ) -as COUNTY OF LARIITER ) I, Ray Baxter, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance, con- sisting of eleven (11) sections was duly proposed and read at length at a meeting of the City Council held on the ILa-dav of Januar3 , A D 1917, and, was du;y ordered by Aye and Nay vote to be published once in full in � � , �� a daily newspaper of the city of Fort Collins, in accordance with the provisions cf Section 7 of Article IV of the City Chtirter, that thereafter andon to- Tit, the f8�aay of February 1917, at a regular meeting of the City Council, s^id ordinance came before said Council upon its final passage a period of more than ten days having elapsed since its publication as above set forth, and that said ordinance was upon seccnd reading duly adopted as an ordinance and duly numbered r and thereafter and on to-wit, the day of February A D 19174 said grdinance No as finally passed ana adopted was duly published in n1_ A a daily newspaper published in sLia city of Fort Collins, Colorado __In Titness Whereof I have hereunto Bet ny hand this 3t4day of February, A D 1917 City Clerk